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GS Mains Foundation 2018
GS Mains Foundation 2018

DPSP/Fundamental Duties

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Directive Principles of State Policy (DPSP) Fundamental Duties

Directive Principles of State Policy (DPSP)

 

Key Highlights

·         Part-IV of the constitution – Art. 36 to 51.
·         Borrowed from the Constitution of Ireland.
·         These directives provide the ideals which the Union and the State governments must keep in mind while formulating a policy or passing a law. The DPSPs constitute a comprehensive social and economic objective for a modern democratic state.
·         While fundamental rights provide the political pillar of Indian democracy, its social and economic pillars are provided by DPSPs.
·         Non Justiciable in nature –
o   FRs are Justiciable rights but DPSPs are non-justiciable rights.
o   Although DPSPs were no less important than fundamental rights yet they entailed financial back-up to implement them.
o   Since the Indian state had and still has limited economic capacity, making DPSPs justiciable would have put the state in a tight situation. This fact explains why DPSPs were deliberately made non-justiciable.
o   Despite being non-justiciable importance of DPSPs has been stated in Art. 37 which declares that although the DPSPs are non-justiciable, they should be considered fundamental in the governance of the country.

What are the different categories of DPSPs?
Socialistic Principles:
a) Adequate means of livelihood for all citizens
b) Fair distribution of wealth and material resources among all classes and to prevent concentration of wealth in a few hands
c) Equal pay for equal work for men as well as women; and
d) To secure just and humane conditions of work and maternity relief.

Gandhian Principles
a) To organize village Panchayats and to endowing them with such powers and authority as may be necessary to enable them to function as units of self-government;
b) To promote cottage industries on individual or co-operative basis in rural areas;
c) The safeguard and promote the educational and economic interests or the scheduled castes and scheduled tribes;
d) To bring about the prohibition and consumption of intoxicating liquor; and
e) To organize agriculture and animal husbandry on modern and scientific lines and in particular prohibit slaughter of cows.

Liberal Principles
a) To secure uniform and liberal code of law for all citizens of India;
b) To separate the judiciary from the executive;
c) to raise the standard of nutrition and standard of living of the people;
d) To protect monuments of historical and national interest;
e) Equal justice and free legal aid to economically backward classes;
f) participation of workers in management of organizations engaged in any industry; and
g) Promotion and improvement of environment and safeguarding of forests and wild life.

Provisions relating to be International Peace and Security:
a) To promote international peace and security;
b) To maintain just and honorable relations between nations
c) To foster respect for international law and treaty obligations;
d) To encourage settlement of disputes by arbitration.

Article Wise Explanation of DPSPS
Art. 36: This defines the term state in the same way as Art.12
Art.37: This declares the importance of DPSPs. It states that though DPSPs are not justiciable yet they shall be considered fundamental in the governance of the country and it shall be the duty of the state to include these directives in their policies.
Art. 38: This directs the state to create a social order for the promotion of welfare of the people. This social order must provide social, economic and political justice. Under 44th Amendment, clause (2) has been added to Art.38 which directs the state to minimize inequalities in income, to eliminate inequalities in status, facilities and opportunities.
Art. 39: This is a very important article containing a number of directives which go a long way to establish what is known as welfare state in India. It directs the states to secure the following:-
– Adequate means of livelihood for citizens both men and women.
– Control and ownership of the material resources of the community to be distributed in such a manner that it serves the common good.
– The operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
– Equal pay for equal work for both men and women.
– Health and strength of workers, men & women and children are not abused and the citizens are not forced by economic necessity to enter Avocations unsuited to their age or strength.
– Children are given opportunities and facilities to develop in a healthy manner and their childhood and youth are protected against exploitation and moral and material abandonment (added by 42nd Amendment, 1976).
– Thus, Art. 39 is very wide in its scope. It requires the state to ensure adequate means of livelihood, fair distribution of wealth, equal pay for equal work and protection of children and labour. Specially Art. 39 (b & c) lay the foundations of a welfare state.
Art. 39-A: Added to the Constitution by 42nd Amendment, 1976, this article requires the state to provide for equal justice and free legal aid. In pursuance of this article, Parliament has passed the Legal Services Authorities Act, 1987.
Art. 40: This directs the state to organize village panchayats and confer adequate powers to them so that they can function as units of self-government. Accordingly, Parliament has passed 73rd Amendment, 1992 which has introduced panchayats in part IX in the Constitution.
Art. 41: Under this Article the state is directed to provide right to work, to education and to public assistance subject to its economic capacity.
Art. 42: Under this article, the state shall make provision for securing just and humane conditions of work and maternity relief. The state has enacted laws such as the industrial Disputes Act, Minimum Wages Act, Maternity Relief Act, etc., to implement this article.
Art. 43: This article directs the state to make efforts to secure living wages and organize cottage industries in rural areas.
Art. 43-A: Added by 42nd Amendment, 1976, this article calls for legislation by the state to ensure workers participation in the management of industries.
Art. 44: This article contains a very important directive, viz., implementation of a Uniform Civil Code for the citizens throughout India. The state is supposed to take steps to establish a Uniform Civil code for all the citizens irrespective of caste, creed or religion. Unfortunately, despite this provision in the Constitution, there has been no implementation of uniform civil code since the adoption of the Constitution. A uniform civil code implies that persons belonging to different religions and beliefs would be governed by same set of laws in matters of marriage, divorce, adoption, succession to property, etc
Art. 45: Provision for free and compulsory education for children till the age of 14 years. However, this article has been amended by 86th Amendment Act, 2002 which has inserted Art. 21A in the constitution making right to education a fundamental right for all children between 6-14 years of age. Now Art. 45 direct the state to make provisions for early childhood care and education for all children till the age of 6 years.
Art. 46: This article seeks to protect the educational and economic interests of SC/STs and other weaker sections. A number of educational facilities have been extended to SC/STs in pursuance of this article.
Art. 47: The state has been directed by this article to raise the level of nutrition and the standard of living and to improve public health. This also includes prohibition of liquor and intoxicating drugs.
Art. 48: Organisation of agriculture and animal husbandry. The state under this article has to organize agriculture and animal husbandry on modern and scientific lines. This also includes prohibition of killing of cows, calves and other milch and draught cattle.
Art. 48A: Added by 42nd Amendment, 1976, this article enjoins on the state task of protecting and improving environment, forests and wild life. A number of acts relating to protecting the environment, forests and wild life have been enacted.
Art. 49: This article obligates the state to protect monuments and places of national importance.
Art. 50: Separation of judiciary from the executive in the public services of the state. This article provides that there should be a separate judicial service free from executive control in the states. This article has been implemented by amending the CrPC in 1973 under which the judicial magistrates are being appointed separately in the states and they are accountable to the High Courts and not to the state executive.
Art. 51: This article requires the state to promote international peace and security, maintain good relations between nations and respect international laws.

DPSPs at Work

A number of legislations have been enacted by both Central and State governments to implement various directive principles.

·         Art. 39(b) – Agriculture Land Ceiling Acts were passed. All these are relatable to
·         Art. 40 – Under 73rd and 74th Amendments, powers have been conferred on Zilla Parishads, Municipalities and Panchayats.
·         Art. 39 (b) and (c) – In 1971 fourteen banks were nationalized. During the seventies many industries were taken over by the government.
·         Art. 39 (d) – Legislation guaranteeing equal pay for equal work is relatable to.
·         Art. 43 – The 26th Amendment of the Constitution made in 1971 abolished the privy purses, which were granted to the Rulers of Indian States. Various Boards and Commissions have been established by the State. Some of them are Khaadi and Village industries Commission, All India Handicraft Board. All India Handloom Board, Silk Board and Coir Board.
·         Art. 48 – Many States have enacted laws to prohibit slaughter of cows and bullocks.
·         Arts. 41, 42, 43A – The numerous Acts pertaining to labour, e.g., Minimum Wages Act, Workmen Compensation Act, Maternity Benefit Act, Industrial Employment (Standing Orders) Act, The Factories Act etc.
·         Art. 48A – The Water Pollution, Air Pollution, Environmental Pollution Acts, The Forest Act, and Wild Life Protection Act passed by the Parliament.

DPSPs in Other Parts of Indian Constitution (Not in Part IV)
The following Directives are also non-justiciable:
Art. 350 A: Enjoins every State and every local authority within the State to provide adequate facilities for instruction in the mother tongue at primary stage to children of linguistic minorities.
Art 351 A: Enjoins the Union to promote the spread of Hindi language so that if may serve as a medium of expression of all the elements of the composite culture of India.
Art 355 A: Claims of Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with affairs of Union or of a State.
DPSP vs. Fundamental Rights


Conclusion

• It should be remembered that the Preamble, the FRs and the DPSPs are all integral parts of the same constitutional edifice.
• They are all equally important and have to be read with each other.
• The emphasis in the entire scheme of the Constitution under the headings of the Preamble, the Fundamental Rights and the Directive Principles is on building an egalitarian society and on the concept of socio-economic justice.
• The Fundamental Rights and the Directive Principles together constituted the soul of the Constitution.

Fundamental Duties

 

Key Highlights

·         Art 51A – Fundamental Duties of the citizens are enumerated in Art. 51A.
·         42nd Amendment Act 1976 – They were included in 1976 by the 42nd Amendment on the recommendation of Sardar Swaran Singh Committee. Fundamental Duties did not form part of the Constitution as originally adopted.
·         Citizens – The duties are addressed to the citizens only.
·         Not Enforceable – These duties are not enforceable by a Court. Yet they provide a valuable guide and aid to interpretation of the Constitution.
·         Eleven Duties- The fundamental duties are 11 in number.
·         42nd Amendment Act 1976Ten duties were included in the Indian Constitution by the 42nd Amendment Act 1976 and
·         86th Amendment Act, 2002 – The Eleventh duty was added by the 86th Amendment Act, 2002.

Why fundamental duties are important?
• Article 51A constitutes a constant reminder to the citizens that they have duties in building up a free, egalitarian and responsible society.
• India is a multi-racial and multi-ethnic country. Such a vast democratic country like India can prosper only when the citizens of our country respect its integrity and promote cultural harmony.
• Environmental pollution has become a great cause of concern, not only for Indian, but for the entire humanity. Unless, we all take the pledge to keep our environment free from pollutants, there remains the threat of undesirable consequences.
• The inclusion of providing opportunity for education for children as a Fundamental duty is a big step forward towards safeguard of human-rights and abolition of social injustices.

FDs are Non-enforceable and Non-justiciable
• The fundamental duties are non-enforceable and non-justiciable in character.
• It means that no citizen can be punished by a court for violation of a fundamental duty.
• In this respect the fundamental duties are like the directive principles of the constitution in part IV.
• The directive principles lay down some high ideals to be followed by the state. Similarly, the fundamental duties in Art 51A lay down some high ideals to be followed by the citizens.
• Courts can certainly take cognizance of laws seeking to give effect to fundamental duties.

List of Fundamental Duties –

1.       To abide the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
2.       To cherish and follow the noble ideals which inspired our national struggle for freedom;
3.       To uphold and protect the sovereignty, unity and integrity of India;
4.       To defend the country and render national services when called upon to do so;
5.       To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
6.       To value and preserve the rich heritage of our composite culture;
7.       To value protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
8.       To develop the scientific temper, humanism and spirit of inquiry and reform;
9.       To safeguard public property and to abjure violence;
10.   To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
11.   Who is a parent or guardian to provide opportunities for education to his child, as the case may be, ward between the age of six and fourteen years (added by 86th Amendment Act, 2002).

 

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